II
119THCONGRESS
1
STSESSION S. 345
To provide that silencers be treated the same as firearms accessories.
IN THE SENATE OF THE UNITED STATES
JANUARY30, 2025
Mr. L
EE(for himself, Mr. SCOTTof Florida, Mr. RICKETTS, Mr. CURTIS, and
Mr. M
ARSHALL) introduced the following bill; which was read twice and
referred to the Committee on Finance
A BILL
To provide that silencers be treated the same as firearms
accessories.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Silencers Help Us Save 4
Hearing Act’’ or the ‘‘SHUSH Act’’. 5
SEC. 2. EQUAL TREATMENT OF SILENCERS AND FIREARMS. 6
(a) I
NGENERAL.—Section 5845(a) of the Internal 7
Revenue Code of 1986 is amended by striking ‘‘(7) any 8
silencer’’ and all that follows through ‘‘; and (8)’’ and in-9
serting ‘‘and (7)’’. 10
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(b) EFFECTIVEDATE.— 1
(1) I
N GENERAL.—Except as provided in para-2
graph (2), the amendments made by this section 3
shall take effect on the date of enactment of this 4
Act. 5
(2) T
RANSFERS.—In the case of the tax im-6
posed by section 5811 of the Internal Revenue Code 7
of 1986, the amendments made by this section shall 8
apply with respect to transfers after the date which 9
is 2 years prior to the date of enactment of this Act. 10
SEC. 3. TREATMENT OF CERTAIN SILENCERS. 11
Section 5841 of the Internal Revenue Code of 1986 12
is amended by adding at the end the following: 13
‘‘(f) F
IREARMSILENCERS.—A person acquiring or 14
possessing a firearm silencer in accordance with chapter 15
44 of title 18, United States Code, shall be treated as 16
meeting any registration and licensing requirements of the 17
National Firearms Act (as in effect on the day before the 18
date of the enactment of this subsection) with respect to 19
such silencer.’’. 20
SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELA-21
TION TO FIREARM SILENCERS. 22
Section 927 of title 18, United States Code, is 23
amended by adding at the end the following: ‘‘Notwith-24
standing the preceding sentence, a law of a State or a 25
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political subdivision of a State that, as a condition of law-1
fully making, transferring, using, possessing, or trans-2
porting a firearm silencer in interstate or foreign com-3
merce, imposes a tax on any such conduct, or a marking, 4
recordkeeping, or registration requirement with respect to 5
the firearm silencer, shall have no force or effect.’’. 6
SEC. 5. SILENCERS AND MUFFLERS NOT TO BE FEDERALLY 7
REGULATED. 8
(a) D
EFINITIONS.—Section 921(a) of title 18, United 9
States Code, is amended— 10
(1) in paragraph (3), by striking ‘‘(C) any fire-11
arm muffler or firearm silencer; or (D)’’ and insert-12
ing ‘‘or (C)’’; and 13
(2) by striking paragraph (25). 14
(b) P
ENALTIES.—Section 924 of title 18, United 15
States Code, is amended— 16
(1) in subsection (c)(1)— 17
(A) in subparagraph (B)(ii), by striking ‘‘, 18
or is equipped with a firearm silencer or fire-19
arm muffler’’; and 20
(B) in subparagraph (C)(ii), by striking 21
‘‘or is equipped with a firearm silencer or fire-22
arm muffler,’’; and 23
(2) in subsection (o), by striking ‘‘or is 24
equipped with a firearm silencer or muffler,’’. 25
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(c) CARRYING OFCONCEALEDFIREARMS BYQUALI-1
FIED LAW ENFORCEMENT OFFICERS.—Section 2
926B(e)(3) of title 18, United States Code, is amended— 3
(1) in subparagraph (A), by adding ‘‘and’’ at 4
the end; 5
(2) by striking subparagraph (B); and 6
(3) by redesignating subparagraph (C) as sub-7
paragraph (B). 8
(d) C
ARRYING OFCONCEALEDFIREARMS BYQUALI-9
FIEDRETIREDLAWENFORCEMENT OFFICERS.—Section 10
926C(e)(1)(C) of title 18, United States Code, is amend-11
ed— 12
(1) in clause (i), by adding ‘‘and’’ at the end; 13
(2) by striking clause (ii); and 14
(3) by redesignating clause (iii) as clause (ii). 15
SEC. 6. EXCEPTING SILENCERS FROM REGULATION BY THE 16
CONSUMER PRODUCT SAFETY COMMISSION. 17
Section 3(5) of the Consumer Product Safety Act (15 18
U.S.C. 2052(a)(5)) is amended— 19
(1) in subparagraph (H), by striking ‘‘or’’ at 20
the end; 21
(2) in subparagraph (I), by striking ‘‘Act).’’ 22
and inserting ‘‘; or’’; and 23
(3) by adding at the end the following: 24
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‘‘(J) any firearm muffler or firearm si-1
lencer (as such term is defined in section 2
5841(f) of the Internal Revenue Code of 3
1986).’’. 4
Æ
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